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HomeMy WebLinkAbout11/12/1996 - Regular Meeting• I • CITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 12, 1996 - 7:00 p.m. INDEX CLOSED SESSION - 6:00 p.m. - None ECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Edwards, Debay, Cox, Glover, Watt and Mayor Hedges Absent: None Pledge of Allegiance by Council Member Edwards. Invocation by Reverend Lloyd H. Sellers, Chaplain, Hoag Memorial Hospital, Presbyterian. Presentation of Home Beautification Awards by Mayor Hedges together with Gordon Kilmer, Chairman, Environmental Quality Affairs Citizens Advisory Committee Member and Chairman of the Sub- Committee in charge of Awards Presentation to four residents from the Newport Beach Community who have shown outstanding care in the maintenance of their properties: Elizabeth James, Old Corona del Mar; Marsha Voss and John and Nancy Larsen, Newport Heights. Also, Mr. Kilmer accepted an award on behalf of Joseph and Flora Hill, Corona del Mar, who were not able to be here. Mr. Kilmer added that he was asked by Mike Kilbride, Committee Chairman, to personally thank the Council and especially Council Member Jean Watt for her dedication to environmental issues over the past eight years, and dedication to the concept of community service. Motion by Mayor Pro Tem Debay to waive reading of the minutes of the Regular Meeting of October 28, 1996, approve as written and order filed. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None Motion by Mayor Pro Tom Debay to waive reading of Ordinances and Resolutions under consideration, and directed City Clerk to read by titles only. The motion carried by the following roll call vote:. Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstained: None MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member O'Neil said that he visited the Newport Nautical Museum recently, and stated that the new exhibit of oil paintings of old Clipper Ships and Square Riggers is quite impressive, wherein he encouraged the public to view the exhibit. Volume 50 - Page 348 City of Newport Beach City Council Minutes November 12, 1996 101 • Council Member Glover requested a report back (Council Meeting of December 9) regarding the status of Dover Drive (where it is in the process with the County) concerning the non - widening of the street. • • Council Member Glover requested a report back (Council Meeting of December 9) regarding the status of changing the composite representation of each City on the COG. CONSENT CALENDAR ORDINANCE FOR INTRODUCTION 1. Removed from the Consent Calendar (ORDINANCE NOS. 96 -42 & 43). 2. INTRODUCE ORDINANCE NO. 96 -44 AMENDING CHAPTER 5.15 OF Ord 96 -44 THE NBMC PERTAINING TO RESIDENTIAL BUILDING RECORDS. Residential Bldg Introduce ordinance, pass to second reading and adoption on November 25, Records (68) 1996. RESOLUTIONS FOR ADOPTION 3. ADOPT RESOLUTION NO. 96 -92 AUTHORIZING THE CITY MANAGER Municipal Fndg Grp/ TO EXECUTE THE MASTER EQUIPMENT LEASEIPURCHASE Lease Purchase Equip AGREEMENT WITH MUNICIPAL FUNDING GROUP (Police Agm /Police SIT Plan Department's Strategic Information Technology Plan). Res 96 -92 C-3100(38) 4. ADOPT RESOLUTION NO. 96 -93 CONCERNING THE STATUS OF THE PW /Requalfctn CIRCULATION ELEMENT FOR THE CITY OF NEWPORT BEACH • Orange Cty Trnsp (Requalification for Participation in the Orange County Transportation Auth /Arterial Hwy Authority's Arterial Highway Financing Program and Measure M Streets and Fnds Res 96 -93 (74) Roads Program). 5. Removed from the Consent Calendar. CONTRACTS AND AGREEMENTS 6. - 12. Removed from the Consent Calendar. 13. CONSULTANT AGREEMENT WITH EMMET BERKERY, P.E. Emmet Berkery/ (PROJECT MANAGEMENT SERVICES CONTRACT NO. 3074). Approve Consultant Consultant Agreement with Emmet Berkery, P.E., for Project Management C -3074 (38) Services during F.Y. 1996 -1997 at a maximum fee of $78,000; and authorize the City Manager and City Clerk to sign the Consultant Agreement. 14. EL PASEO STORM DRAIN (CONTRACT NO. 3074) PROJECT. Authorize El Paseo Strm Drn right -of- entry, contract delay, and liquidated damages payment to Bahia C -3074 (38) Corinthian Yacht Club in the amount $45,000. 15. CASTAWAYS PASSIVE PARK (CONTRACT NO. 3078) - CONCEPTUAL Castaways Psv Prk PLAN APPROVAL AND AUTHORIZATION TO ADVERTISE FOR BIDS. C -3078 (38) Accept staffs report on the status of the project and authorize the Public Works Department to advertise for bids for the first construction phase, Construction of Castaways Parks Landscape and Irrigation Improvements. • 16. CASTAWAYS PASSIVE PARK (CONTRACT NO. 3078) - AMENDMENT Castaways Psv Prk TO WALDEN AGREEMENT. Approve Amendment No. 1 to a Consultant C -3078 (38) Agreement with Walden and Associates for civil engineering services by Volume 50 - Page 349 City of Newport Beach City Council Minutes November 12, 1996 Manager No. 1 on behalf of the City. to sign • 17. MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH MANAGEMENT ASSOCIATION (CONTRACT NO. 2946). Approve Memorandum of Understanding between the City and the Fire Manal Association which covers the period from January 1, 1996 through De 31, 1997. MISCELLANEOUS ACTIONS 16. Removed from the Consent Calendar. 19. PLANNING COMMISSION AGENDA FOR NOVEMBER 7, 1996. 20. COUNTY URBAN PARK FUND GRANT. Ratify action of City Manager in submitting a grant application for Orange County Urban Parks Program. 21. Removed from the Consent Calendar. 22. GENERAL PLAN AMENDMENT NO. 96-3. Request to initiate various amendments to the Newport Beach General Plan, as follows: A. Newport Diagnostic Center - 1605 Avocado Avenue Request to increase the floor area limit in Block 500 of Newport Center by 6,600 square feet to allow expansion of an existing medical office • building. B. Koll Real Estate Group - Koll Center Newport Office Site B (vicinity of MacArthur Boulevard and Jamboree Road). Request to increase the floor area limit in Koll Center Newport Office Site B by 120,000 square feet. C. The Ayres Group - Lower Castaways Site (owned by The Irvine Company, corner of West Coast Highway and Dover Drive). Request to amend the Land Use Element area description to allow hotel development on the Lower Castaways site. D. Magdi R. Hanna - 3900 -3956 East Coast Highway. Request to redesignate a portion of a vacated alley from the Single Family Detached to the Retail and Service Commercial land use designation in conjunction with the abandonment of the adjoining alley. The redesignation will increase the commercial site area approximately 1,212 square feet, and increase the floor area allocation by approximately 606 square feet. . E. Dahn Corporation - 1133 Camelback Street (owned by United States Postal Service - vacant site adjacent to existing Post Office). Request to redesignate approximately two acres of vacant land from the Governmental, Educational and Institutional Facilities to the General Industry land use designation to allow for the development of • a mini storage facility. Also requested is the establishment of a floor area limit of 99,900 square feet for the proposed development. F. Rockwell Semiconductor Systems - 4311 Jamboree Road. Request to increase the floor area limit for Koll Center Newport Industrial Site 1 (Rockwell) by 650,000 square feet, to allow for Volume 50 - Page 350 INDEX MOU /NB Fire Mgm Asn C- 2946(38) Planning (68) County Urban Prk Fnd Grant (54) GPA 96 -3 (45) City of Newport Beach City Council Minutes November 12, 1996 expansion of the existing research, development and facility. Sustain the action of the Planning Commission to initiate proposed amendments A, B, E and F; direct staff to proceed with the preparation of any necessary environmental documents and set for public hearing before the Planning Commission. 23. MASSAGE TECHNICIAN PERMIT DENIAL. Accept, approve and adopt the determination of the Hearing Officer as final to deny Massage Technician Permit for Yoonie Hwang. Motion by Mayor Pro Tem Debay to approve the Consent Calendar except for those items removed (1, 5-12,18 and 21). The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR 1. ORDINANCE NO. 96 -42 AMENDING CHAPTER 12.24.020 THROUGH 12.24.049 OF THE NBMC REGARDING INCREASING STATE SPEED LIMIT'S. ORDINANCE NO. 96.43 AMENDING CHAPTER 12.24.050 THROUGH • 12.24.130 OF THE NBMC REGARDING DECREASING STATE SPEED LIMITS. Motion by Council Member O'Neil to remove the establishment of the 30 mph speed limit for Harbor View Drive from Goldenrod Avenue to Marguerite Avenue (Section 12.24.080). He would like staff (Traffic Affairs Committee) to review this further and meet with the community. Council Member Edwards asked the maker of the motion if he would accept including removal of Santiago Drive from Irvine to Tustin Avenue to also be reviewed by the Traffic Affairs Committee, to which the maker of the motion replied in the affirmative. Council Member Watt asked that the entire length of Crown Drive be included in the removal, which was also accepted by the maker of the motion. Hearing no one in the audience wishing to address this issue, Mayor Hedges restated that the motion is to introduce Ordinance No. 96 -42 amending Chapter 12.24.020 to 12.24.049 of the Newport Beach Municipal Code regarding decreasing state speed limits, with the exception of referral of Crown Drive, Harbor View Drive from Goldenrod to Marguerite and Santiago Drive to the Traffic Affairs Committee for further consideration, as well as to introduce Ordinance No. 96 -43 amending Chapter 12.24.050 through 12.24.130 of the Newport Beach Municipal Code regarding decreasing state speed limits, and to • bring back the ordinances for second reading and adoption. Council Member Glover stated that she believes it is very difficult for the public to understand why the city is raising speeds on the streets, and asked if other cities are doing this. Volume 50 - Page 351 INDEX Massage Tech Perm Hwang (27) Ord 96 -42 Veh /Trfc]Speed Limits (85) Ord 96 -43 City of Newport Beach City Council Minutes November 12, 1996 participated in a discussion as to what the state law requires. The requirement to set the speed is based on an engineering survey, and when • reviewed with the 85th percentile of the cars actually traveling the street, is established at that given rate, or within certain perameters of that to enable utilization of enforcement through radar. If radar is utilized without setting the speed based on the engineering survey the city is, under law, creating speed traps and in order to stay in compliance with state law, the Police Department recommends that the City make the adjustment because radar is the most effective way to enforce speed limits within the city. He stated that other cities go through the exact same issue and are required to comply with state law in order to utilize radar for enforcement, and he further advised that the City could eliminate radar for enforcement of speed, however a police officer would have to track the traveling vehicle at a given speed before the officer could cite them for speeding at a given rate. Council Member Glover said that she feels state law is wrong to require raising speed limits in order for the police to use radar to enforce a speeding ticket in court. She asked why this has become an issue now, wherein City Manager Murphy explained that by law, every five years an engineering study must be done to make sure that the 85th percentile and the speed limits are set at the correct speed, and at this point in time, the city is required to do an engineering survey as an update in conformance with the five -year cycle. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Absent: None Abstain: • None 5. RESOLUTION NO. 96 -94 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $100,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF NEWPORT BEACH VARIABLE RATE DEMAND REVENUE BONDS (HOAG MEMORIAL HOSPITAL PRESBYTERIAN), 1996 SERIES A, B AND C. Council Member O'Neil recused himself from discussion and voting on the subject resolution due to a conflict of interest. Motion by Council Member Edwards to adopt Resolution No. 96.94; approve the documents approving the sale of $100 million City of Newport Beach Variable Rate Demand Revenue Bonds (Hoag Memorial Hospital Presbyterian) 1996 Series A, B and C, approve the Indenture, Loan Agreement, Purchase Contract, Preliminary Official Statement (including Appendix A); and authorize City staff to take the necessary steps to close the bond sale. Dolores Otting, resident of Newport Beach, said that she feels the public should be made more aware of the history of the Hoag Hospital bond issue. She referred to the staff report which states that in 1984 the city issued $61.2 million of Health Facilities Revenue Bonds on behalf of Hoag Hospital and at that time the city was given approximately $250,000. She remarked that it • would be nice to know exactly what the city did receive. In 1992 Hoag Hospital asked the City to authorize the issuance of revenue refunding bonds not to exceed $98.5 million, and Hoag paid back the $61.2 million, which would leave approximately $30 million and the city got $200,000 of this. She feels that the city should have received more because in 1984 the city received $250,000 for less money. Hoag now has approached the city for $100 million and the city will be receiving approximately $200,000 which, in her estimation, Volume 50 - Page 352 INDEX Hoag Hospital Series 1996 A,B,C Revenue Bonds Res 96 -94 (40) 1/ 11 u l/ u 1/ 11 u City of Newport Beach City Council Minutes November 12, 1996 is "cheap." She believes that the city should get more than just $200,000 for $100 million in tax exempt bonds to a nonprofit corporation. She cited from the staff report that "this is a cost - savings issue to be passed along to Newport Beach residents in the form of health care costs." She believes that is an illegal statement with no foundation as this can't be done because of Medicare and this should not be in the city staff report. She asked about the risk involved if Hoag Hospital sells itself. She stated that what people don't understand is that as far as the quality of life is concerned if you have an accident in the City of Newport Beach, everyone is led to believe that you go to Hoag Hospital, and this is not true as it is not a trauma center. She believes that there is a health and quality of life issue here, and that there should be some prerequisites before participating in a future bond issue. Mayor Hedges responded that there have been a lot of valid questions raised, and said that similar discussions took place in the City Council Finance Committee meetings, wherein he deferred Mrs. Otting's inquiries to City Manager Murphy. City Manager Murphy said that basically the assets of Hoag are pledged, as well as a supplemental letter of credit presented to the City Finance' Committee with specific language in the indenture that would never obligate the city to repay this bond issue, and the city is merely a financing conduit for Hoag Hospital to obtain tax exempt financing status. This authority is contained within federal and state law which allows the city to act as a conduit regarding financing. Regarding the $200,000 fee, the Finance Committee discussed this at length and sought to seek a higher fee amount. Hoag Hospital has another option for financing this issue, and that option is the State of California with a fee of $75,000 to perform this same function. Hoag is willing to work and finance this through the city, and they have indicated the maximum they would pay the city is $200,000, and it would be the Council's choice as to how this money would be used. Mayor Hedges stated that the $200,000 is somewhat of a gift transfer but someone is going to pay for that in the form of higher costs to patients. With respect to comments about the opinion in the staff report, he has already conveyed that this does not belong in a staff report. Beyond this, he feels that there is no city risk. In response to Council concern, City Manager Murphy said that under terms of the indenture the city would be protected by whomever would become the potential operator or new entity if a merger took place. The motion carried by the following roll call vote: Ayes: Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Abstain: O'Neil Absent: None 6. AWARD OF CONTRACT FOR CONSTRUCTION OF WELLHEAD FACILITIES AT THE DOLPHIN AVENUE WELL SITES AND PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES (CONTRACT NO. 3004 -AA) AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT. Approve the plans and specifications; approve the list of prequalified contractors; find that Pascal & Ludwig of Ontario submitted the "lowest responsible bid," and they can meet the requirements for completing the proposed contract work and declare them the "low bidder;" award Contract No. 3004 -X to Pascal & Ludwig Engineers of Ontario, in the amount of $1,625,400 and authorize the Mayor and City Clerk Volume 50 - Page 353 INDEX Groundwater Dev/ Wellhead Fac C- 3004 —AA (38) City of Newport Beach City Council Minutes November 12, 1996 to execute the contract on behalf of the City and authorize a 10% contingency for change orders, materials, testing and added work; and authorize the Mayor and City Clerk to execute a Professional Services Agreement on behalf of the • City with Daniel Boyle Engineering, Inc., (Contract No. 3004 -AA) to provide construction management services related to the construction of the wellhead facilities for a fee of $164,200. 7. AWARD OF CONTRACT FOR CONSTRUCTION OF 36 -INCH WATER TRANSMISSION MAIN REACH NO. 4 - ]PHASE II, GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 3004 -N). Approve the plans and specifications; find that the Murray Company of Rancho Dominguez submitted the "lowest responsible bid," and they can meet the requirements for completing the proposed contract work and declare them the "low bidder;" award Contract No. 3004 -N to the Murray Company of Rancho Dominguez in the amount of $1,580,317.00, authorize the Mayor and the City Clerk to execute the contract on behalf of the City, and authorize a 10% contingency for change orders, materials, testing and added work. 8. AWARD OF CONTRACT - 24 -INCH WATER TRANSMISSION MAIN - REACH NO. 3A & 3B, AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 3004 -W). Approve the plans and specifications; find that Callon Construction, Inc. of Rialto submitted the "lowest responsible bid" and they can meet the requirements for completing the proposed contract work and declare them the "low bidder;" award Contract No. C- 3004 -W to Calfon Construction, Inc. of Rialto in the amount if $819,349, and authorize the Mayor and the City Clerk to execute the contract on behalf of the City; and authorize a 10.1 contingency for change • orders, materials, testing and added work. 9. AWARD OF CONTRACT - WEST NEWPORT SEWER MAIN REPLACEMENT PROJECT (CONTRACT NO. 3111). Approve the plans and specifications; find that Seven C's Construction of Dana Point submitted the "lowest responsible bid" and they can meet the requirements for completing the proposed contract work and declare them the "low bidder;" award Contract No. 3111 to Seven C's Construction of Dana Point in the amount of $412,116.00 for Schedule B, authorize the Mayor and the City Clerk to execute the contract on behalf of the City; and authorize a 10% contingency to cover a change order, materials testing and added work. 10. PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR PIPELINE REACH NOS. 3A & 3B AND REACH 4 - PHASE II AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 3004 -BB). Authorize the Mayor and City Clerk to execute a Professional Services Agreement on behalf of the City with ASL Consulting Engineers, to provide construction management services related to Reach Nos. 3A & 3B and Reach 4 - Phase II pipeline construction projects that are part of the Groundwater Development Project for a total fee of $208,300. 11. PROFESSIONAL SERVICES AGREEMENT FOR PROJECT ADMINISTRATION, PLANNING AND ENGINEERING SERVICES AS PART OF THE GROUNDWATER DEVELOPMENT AND CAPITAL • IMPROVEMENT PROJECTS (CONTRACT NO. 3004 -CC). Authorize the Mayor and City Clerk to execute a Professional Services Agreement on behalf of the City with the firm DMc Engineering (DMc) for a fee of $88,040. Mayor Hedges said he removed the foregoing Ground Water Development/sewer related contracts (Agenda Items 6.11) as he was concerned Volume 50 - Page 354 W1 o►` Groundwater Dev/ Reach 4 PH II C- 3004 -N (38) Groundwater Dev Reach 3A &B C- 3004 -W (38) West Npt Svr Main Replacement C -3111 (38) Groundwater Dev Reach 3A &B & 4 PH II /Prf Sry Agm ASL C- 3004 -BB (38) Groundwater Dev & Capital Imp Prj DMc C- 3004 -CC (38) City of Newport Beach City Council Minutes November 12, 1996 INDEX about the requested authorization of 10% contingency fees, and cited as an example Item 9, which is West Newport Sewer Main Replacement. • Public Works/Utilities Director Webb explained that the contingency that staff is recommending is not an award to the contractor. This is to set aside from their budget an extra 10% that will provide for changes that they are not aware of at this time that may come up during construction. In these particular projects most all of them are underground projects and probably the best that staff can do to minimize change orders is to have complete, good sets of plans however, historically with underground projects unknown conditions are discovered. The contingency fee is so that it is not necessary to come back to Council to allow working with the contractor to keep the project going should unknown conditions occur. The contracts all require materials testing and plant supervision which are not part of the contract that is awarded to a particular contractor. An outside materials testing consultant is hired by the city to provide this for each one of the projects, so that part of the 10•%o contingency pays for that service. The change orders are scrutinized as stringently as can be by the city's project managers to make sure that contractors are not taking advantage of the city and their record speaks for itself, but there are circumstances that are beyond control and those are the ones that exceed the 4 1/6-6% contingency fees. Further, if the contingency fee is not needed the money is reverted to the respective fund at the end of the project. Mayor Hedges emphasized that the contingency fees amount to approximately a half million dollars, and at issue here is a situation of financial oversight, as the Council does not know what the city is getting for that money which is not allocated for any specific use. • In response to Council Member Edwards, Mr. Webb stated that if the contingency fees are not authorized this could delay the performance of the projects. Usually, the change orders quite often need to be negotiated within a two or three day period in order to keep the contractor working, and if there were delays to go back to Council for authorization, the contractor could pull off and charge extra money to continue. City Manager Murphy explained that the City Council has approved a set of purchasing policies, and within those policies the City Manager and the Public Works Director are authorized to permit change orders for additions to contracts: Public Works Director up to 10 %, City Manager 10 %•25 %, and above 25% authorization by the City Council. All of these change order authorizations at a staff level are contingent upon having the available funds within the budgeted line item. This policy has been followed and on several occasions change orders have come back to Council in excess of the 25% threshhold. In cases of between 10 % -25% a memo is written explaining the circumstances identified where funds are available and they are not over the budgeted amount that is allocated for that project. If its above the amount for that project, money is deleted from other projects to stay within the total allocated budget in a particular area, i.e., water, sewer, or the General Fund Capital Projects. Mayor Pro Tem Debay added that in discussions with private contractors, she • has found that they always arrange for a 10% contingency fee on underground projects, and that this situation does not affect only public agencies. Peter Tarr, 5023 Lido Sands Drive, commented that he has had some experience with construction contracts, as for years his job was to bail out people caught up in construction contracts that had gone wrong. One of the things that contracts do is to allocate risk between the various parties, and the Volume 50 - Page 355 City of Newport Beach City Council Minutes November 12, 1996 INDEX owner of the ground is responsible for things that are found underground. The 10% contingency for underground construction is, in his opinion, rather light in comparison of what he has seen in both public and private contracts. To his • knowledge holding extras to an average of 4 % -5% in the City is outstanding and abnost unheard of and the City staff is doing a very good job for the City of Newport Beach. He added that to micromanage this particular part of City business is to encourage delays, and litigation, and the only people who make money in this situation are the lawyers. Tom Hyans, resident of the City, said that in August 1996 a summary was put together by the Public Works Department that showed the estimated cost of the project bonding at approximately $16 million and an overrum at that time of $7 million. He heard at one of the recent candidates forum that it really wasn't an overrun but to paraphrase, "a predictable excess." He questioned if the particular funds being discussed tonight are contributing to the overrun on the "predictable excess." Also, when he was researching the "predictable excess" he went back to the bond document that was offered in August 1994 which refers to the cost of the project to be about $17.4 million. The project was described in Reaches 1, 2, and 3 as requiring 36" pipe. In the August 1996 document there is approximately $1.3 million attributed for the need to change from 30" pipe to 36" pipe, and he doesn't understand this. The error in judgment between 36" and 30" pipe is actually about a 45% change, and there seems to be some sort of discrepancy between what was planned, funded, and what now is considered an overrun. City Manager Murphy advised that the staff report identifies the components of the groundwater project, how it compares with the numbers that were presented in August, and how this compares with the estimates that were • previously presented. The long presentation in August went back to the original estimates of the project which were based on preliminary engineering estimates to try to accelerate the project, as for each year of delay it costs an additional $5 million loss in savings. Basically the project was built in components over time with completed engineering drawings to try and expedite getting to completion sooner to expedite those savings. Mr. Webb explained that the 30" pipe was what was originally proposed for the bond measures and it was done without the benefit of the hydraulic analysis. That was done later on and this revealed that 36" pipe was needed. He agreed that there is a big difference in price between the 30" and 36" pipe and to a large extent, this was the reason for needing the larger amounts of money for Reaches 1, 2 and 3, 3A and 3B projects. Tom Hyans referred to the bond document on page 29 where the project is described for Reach 2 - transmission pipe, which states that this new pipe shall also be 36" diameter. He said that in the document dated 1994, the project was based on 36" pipe and whatever cost 36" pipe had at that time was no design change. In August 1996, two years later, the current document cites about $1.3 million of overrun as the difference between these figures being attributable to the increase in pipe size from 30" to 36" and this is what he doesn't understand. He asked how can we have a price for a project two years ago based on 36" pipe at $10 and now 36" pipe at $16, which resulted in an overrun. • Mr. Webb answered that one of the confusions here is that the estimates were not based on prices bid by a contractor to put the pipe in the ground, but were based on that figure ($10), and when the project was bid it came in at a higher price ($16). Volume 50 - Page 356 City of Newport Beach City Council Minutes November 12, 1996 City Manager Murphy stated that when the report was brought back to the City Council in August, the conclusion was that this project still made economic sense. He added that long term for the City at the end of the period • of time when the bonds are paid off, the City is still dollars ahead. The bottom line is that the project is nearing completion and these contracts need to be awarded. He added that staff will work within the existing guidelines if the Council wishes to delete the 10% contingency fees. Motion was made by Council Member Edwards to approve the staff recommendations for Agenda Item Numbers 6 - 11, stating that he understands the frustrations, but he feels that it is important to move ahead; and with respect to Mayor Hedges' concerns regarding the contingency fees, he would add to his motion that a monthly updated verbal report with regard to the change orders be given to the Council by the Public Works/Utilities Committee. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Abstain: None Absent: None 12. PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF WATER MASTER PLAN AND WATER/SEWER FINANCIAL PLA WITH BOYLE ENGINEERING CORPORATION. In response to Council Member Glover, City Manager Murphy explained that what she looked at was a large plan in terms of the conceptual plan. Basically, this professional services agreement is taking the project to the next step in a • detailed fashion to make sure that the correct pipe and the pipe segments being replaced are in the correct order for the long term looking forward into the next century and beyond. Mr. Webb reported that in taking over the water system they went through quite a process of trying to look at the various different projects that had been on the books for several years and his question was answered as to why certain things had to be done right now. He believes this review is going to give them a better feel for project priorities and they are going to expand on the model for the water system. Based on a preliminary model that was put together about three years ago, it is known that there are some deficiencies on several of the transmission links and this needs to be defined a little bit better to put together the replacement pieces to bring the system up for the next 20 - 25 years. He said that additionally the Mayor requested that they also look at different rate structures from what the City is operating under now, and part of the review is the possibility of a tiered water rate that, rather than going in with a drought management program that has a policing problem, to police the use of water through a rate structure. With the sewer master plan they didn't do a financial analysis and this will also pull together the long term financing for the sewer rates. In response to Council inquiry, Mr. Webb advised that the cost involved includes the model analysis, a significant amount of flow testing throughout the entire system to validate the model, reviewing engineering documents that • show the age and condition of the water system, and the availability of a tremendous number of man hours to do this, and this is not possible with the existing staff. City Manager Murphy explained that the City will be looking more carefully at a much more detailed street capital plan so that the money will be spent in the most wisest way possible as the needs arise. His hope is that with this Volume 50 - Page 357 INDEX Water Master Pln/ Water /Sewer Fin Pln /Boyle Engr C -3020 (38) City of Newport Beach City Council Minutes November 12, 1996 INDEX document and the sewer plan the costs can be updated each year and plugged into the budget. He added that from a water standpoint regarding the use of water, if the sewer system and the disposal of water still fits within the . assumptions of the plan, they will still continue to use that document. Motion was made by Council Member Glov r to authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Boyle Engineering Corporation to prepare a Water Master Plan & Water /Sewer Financial Plan for a fee of $177,834. Mayor Hedges said that one of the reasons that it costs so much money is the hourly rates of some of the people involved, i.e., the lowest is for a word processor at $52 per hour, computing to $108,000 a year; and the rate goes up from there to principal engineer at $135 per hour. This is what bothers him, as the City does not pay this kind of money for similar work, and he is disturbed by this. Mayor Pro Tern Debay remarked that she feels it is counter - productive, destructive and negative to micromanage the City, as the staff is doing what the Council has asked them to do (privatizing), and then staff is criticized for that. She questioned if the small number of people who scrutinize the city operations actually have the welfare of the city at heart or if they are just people who don't have enough to do. Council Member Watt explained that with respect to the $52 per hour for word processing this is but one component of administering the contract, and this is not a salary but an amount that it takes to accomplish the work. This is why she does not find this figure totally wrong. Mayor Hedges opened the discussion for public comments, but he stated that he wanted the costs broken out for the 55 consultants working in the city on various projects, employing a total of nearly 300 people. Dolores Otting said that maybe the League of Cities could do something for the taxpayers of Orange County and that the citizens insist that professional services agreements go out to competitive bid as this is what is missing here. This is not privatization the way that she or another business person in the City of Newport Beach would buy something, as the best product would be bought for the best price. This is not what happens in the city, as these professional services get negotiated in many instances, that is why were spending $52 to get someone as a word processor. She said that she has never complained about her water, but somedays the clothes smell as though the sewer is. in the washing machine. Also, when she fills up her bath tub the water is blue, but the explanation is that she lives close to the Canyon and she is getting more chlorine. She would like to see some water quality in the city, and she would hope that with the new Council and a little bit more micromanaging that "someone is watching the store." She added that the percentage of contracts that Boyle Engineering has in the County of Orange is "absolutely insidious," and a continuing process of employing friends. She would like to see a new policy established where some of the professional services go out to bid, as there are other companies besides Boyle Engineering. She said that she appreciates the efforts of all of the Council, and commended both Council Members Watt and Cox for their outstanding service to the city. Council Member Edwards stated that the city does go out and look, and find people who do very particularized things, and one of the reasons the city uses consultants is so that we don't end up paying people on top of their salary than we pay benefits and perks, and so it is arguably a savings to the city. Volume 50 - Page 358 City of Newport Beach City Council Minutes November 12, 1996 IAl17o►:1 Dolores Otting, in response to the foregoing, stated that public concern is in vain if the city intends to approve these professional services contracts. She explained that there was a council candidate at the forum that was talking • about how the City of Newport Beach pays more for water than the City of Irvine. She called up Newport Beach and asked if this was true, and she was told that the water bill was subsidized on the property tax bill of the City of Irvine whicli is $10 per resident per year. She thought this was going to be some outrageous fee that would level the city's water off, but it wasp t, and she feels that she wasn't told the true facts and in fact was mislead by the council candidate's remarks. Mayor Pro Tem Debay advised that the City of Irvine gets their water from the Orange County Water Basin, wherein the City of Newport Beach buys water from the Metropolitan Water District, and that accounts for some of the difference. Also, in the selection process evidenced in the staff report, this professional services contract goes through a process and was not just given to Boyle Engineering, as there were at least five companies who submitted written proposals. Eldon Davidson, Utility Manager, clarified that they went out to five consulting firms who were prequalified with respect to master planning, and financial planning in Orange County, and the range was from $140,000 to $270,000. Mayor Hedges questioned whether the City Council authorized the hiring of a City Engineer. City Manager Murphy said yes, this position was created in the budget document. Mayor Hedges said that he must have overlooked this, as he felt that with Mr. Nolan's retirement and the elevation of Mr. Webb the is positions were combined. City Manager Murphy advised that they did combine the positions and kept the salary the same but in recruiting someone to fill that position with the qualifications that the city was looking for, the title was also desired and was passed along, but at no extra cost. Mayor Hedges restated the motion which is to award the professional services agreement for preparation of a Water Master Plan and Water Sewer Financial Plan to Boyle Engineering Corporation, and said that he was going to oppose the motion for two reasons. 1. There is no rush to do this at this point, and the Council can do what was suggested by one of the members of the public, that we put it out for regular bid. He was told that the city doesn't do this with professional services agreements and that they use a staff committee and no people or council are involved in this selection process, but he feels that perhaps there should be as the City spends millions of dollars on the Geographic Information System (GIS) program over the years so that the city staff could do this kind of work whether its fie hydrant planning, sewer planning, water planning through this GIS Program, which in the context of this agreement, is deemed to be inadequate for the city's purpose. This makes him wonder why the city has their own GIS and what exactly is it used for except a few minor things, but really one of the reasons for doing it was to save money in the long run, or at least make the work a little more efficient, and he has not seen any payback on any measurable basis by awarding this $178,000 contract. 2. Privatization to 55 consultants and nearly 300 employees is a lot of privatization and that's where the management and - administration comes in on this. Its one thing that we want privatization, but this type of professional services agreement, as was stated, does not fall into that category. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt Volume 50 - Page 359 • • • City of Newport Beach City Council Minutes November 12, 1996 Noes: Mayor Absent: None Abstained: None 1s. NEWPORT CENTER DRIVE PARKING PROPOSAL. Mayor Hedges stated that he removed this item from the agenda which is a proposal to take out one of the lanes in Newport Center and creating parking on it, and in this case, to implement parallel parking along the outer edge on a trial basis for six months. City Manager Murphy said that this has been a proposal from The Irvine Company (TIC) to do exactly as Mayor Hedges described in the foregoing. Actually the original proposal was to take the current six lane roadway, three in one direction and three in the other, and provide parking both on the inner and outer ring of Newport Center Drive. There were concerns raised by the city staff related to that in terms of site lines and impact from pedestrians that may be crossing the streets and what result that would have on the movement of pedestrians as well as vehicles. TIC retained an independent consultant at their expense to review these concerns identified in terms of the potential traffic liability issues. Based on TIC's research and the city's review of that research, the Public Works Department looked at it more carefully, and as evidenced on the refined plan which they came back with and the one recommended in the staff report, it was determined that we implement the program only on the outer ring on a trial basis to discover what the actual impact is in the field. A number of issues will be looked at such as the number of traffic accidents, pedestrian - vehicle - related accidents, bicycle accidents, speed of vehicles, perception of parking, and taking a look at the businesses and their desires and comments. City Manager Murphy stated that as far as the city being indemnified by TIC, the answer is probably no, as it is a public roadway. Carol Hoffman, Vice President, The Irvine Company, said that they have discussed the indemnification at length with the Public Works Committee and with Mr. Webb, and she feels that the issue of indemnification really was laid to rest for now from the standpoint that TIC was going to undertake the trial basis. They felt that the width of the lane for parking was much greater than it is anywhere else that parking exists on- street allowing quits a generous area, and the idea was that a car could park adjacent to the curb and there was considerable room before the next or first lane started for cars to open their doors into this lane area, creating this improved safety condition. For this reason she doesn't believe that it is fair to ask TIC to indemnify the city regarding a public street situation. In response to Council inquiry, Ms. Hoffman answered that she couldn't say that there might be some additional opportunity for that, but TIC feels that it is a much safer condition than exists in other areas throughout the city, as the lane is considerably wider, and yes, the parking is an opportunity to provide for greater convenient parking to the first floor tenants and the retail tenants along the outer ring of Newport Center. She advised that TIC would be working with the staff as to the exact timing when this proposal would go into effect, as well as the final design, as TIC has submitted a conceptual design, but there is a need to finalize the line of site from each of the corner intersections to maximize the safety of this particular design, and she doubts that they will be able to get all of this done before the Christmas Season. Mr. Webb, in answer to Council inquiry, said they would anticipate that at the end of the six -month period, a report would be made to the Public Works Committee and thereafter take a lead from the Committee in the way of Council action. Volume 50 - Page 360 INDEX Newport Ctr Dr Pkg /Veh & Trfc (68 & 85) City of Newport Beach City Council Minutes November 12, 1996 IRIS) �►:1 In response to Council inquiry, City Manager Murphy advised that the largest cost is going to be the enforcement as indicated in the staff report. Parking • meters would be the most efficient way to monitor the time the vehicles remain parked. As it is now, this is going to require staff to mark the tires and revisit the area within the posted period of time, and it is hoped that the city's costs would be offset by the citations. This is a pilot program, and the key issue for the city staff is the potential for liability. The city had the study specifically completed because of the concerns, and the study reduced significantly the potential areas and number of stalls to maximize safety. Before going to the expense of the permanent plan the city should look as to how they are achieving those goals and decide either to do meters or continue marking tires. He said that the Public Works and Police Departments believe the meters, if implemented long -term, are the best way to enforce the regulation. Mayor Hedges said that when you have a regulation benefiting a single landowner like TIC, that they may be willing to bear the cost of the installation of the meters, but his issue is the liability. Council Member O'Neil stated that he understands the concern of the Council Members who have spoken to the issue of liability, the responses of TIC, and the appearance of what the city is doing is enhancing business opportunities for TIC's benefit, but he thinks it is important to point out that if the city is able to enhance the usage of the buildings adjacent to the outer edge of Newport Center, one of the goals hopefully will be that we will have more people using those facilities and shoppers in the restaurants, thereby enhancing revenue for the city. • Council Member Glover commented on the concept of a vehicle for two -hour parking all over the city and the need to look at this for long -term budgeting as there are many areas in the city where people would like to have this available. Another option is to put more parking places on Mariners Mile and we could say the city is doing it for that business. She asked if this is any different than increasing parking in Corona del Mar, or Mariners Mile, aren't we just increasing parking here in the city? City Manager Murphy advised that the approach to Newport Center is very wide with six lanes and is perceived as different from a straight road. Ms. Hoffman said that there are a number of issues here that work to TIC's and the city's benefit: 1) The street is significantly underutilized (50% below the capacity of the reduced lanes) even with the narrowing and the use of parking on the streets. Add to this the fact that the speed of the cars here is much less than it is in the more congested areas such as Corona del Mar along Pacific Coast Highway; and 2) the additional width that is available to people getting out of their cars is a plus so that they are not opening their doors into a lane of traffic, all combined creates a much more satisfactory situation. This is why TIC was very hopeful that they could conduct this test for the six to nine months and allow both the city staff and TIC to come back to Council with what TIC hopes will be a very successful story. Motion by Council Member Glover to direct staff to work with The Irvine is Company to implement parallel parking along the outer edge of the street on a trial basis for a period of six (6) months. In answer to Council Member Edwards's inquiry, Ms. Hoffman said that she felt it would be very unlikely that TIC would not decide to go ahead with the proposal, as they have been working on it for some time and have had positive feedback from the tenants regarding the convenience of the proposed parking. Volume 50 - Page 361 City of Newport Beach City Council Minutes November 12, 1996 Steve Stafford, 3250 Broad Street, said he disagrees with implementing parking on Newport Center Drive for several reasons. He feels the street was • designed not to have parking, and to be used as a major thoroughfare for not only vehicles, but trucks and deliveries into the shopping center. He cited areas where parking is closed off for restaurant use within a shopping area and none of the parking was being utilized, and he doesn't understand how parking around Newport Center Drive is going to solve the problem and stressed the liability issue. • Mayor Hedges moved to amend the motion to include the requirement that TIC indemnify the city for any accidents occurring as a result of the additional parking during the trial period, which motion died for lack of a second. He referred to TIC's letter which is included in the staff report that states, in part, "....the purpose of this is to increase the viability for retail uses on the ground floor.... there clearly will be a slight increase in the potential for accidents." He said that it takes only one accident to wipe out any incremental marginal gain from any sales taxes as a result of the addition of this kind of parking and that is his concern. He added that by granting this the city is knowingly accepting an increased level of risk and knowingly accepting a slight increase in the potential for accidents for the benefit of a single landowner with the possibility of some unquantified increase in sales tax revenue, and therefore, he will oppose the motion. Council Member Watt reported that at the Public Works Committee meeting she voted against this issue and her reasons were threefold: 1) the potential for increased accidents, and in this case we don't need it; 2) aesthetic issues as Newport Center was planned to be more of a garden variety center. It is very nice and it doesn't have to be jam- packed on the outside peripheral area where the streetscape is; and 3) she sees Newport Center as needing overall planning, and if parking is an issue, that we should look at how much is marked off for valet parking and where. She said that some of these questions were answered at the meeting but not in enough depth for her to feel that the city shouldn't go back and look at this area and use a more holistic approach, therefore she is going to vote against the proposal. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover Noes: Mayor Hedges, Watt Abstained: None Absent: None 21. PARK DONATION SITE - 3531 NEWPORT BOULEVARD. Council Member Glover asked if the city has determined if this park site is worth $300,000, and in response, City Manager Murphy advised that while the city did not do a full-blown appraisal, the value has been determined to be in the range of $300,000. However, there are some issues here which are highlighted in the staff report, and one of these issues is what used to be there in terms of the hazardous materials which exist under the ground and need to be remediated. He explained $100,000 would be set aside in an escrow until there is a sign off from the appropriate authorities that the site is safe from any materials left from the gasoline station that was once there. This money would be utilized for any remediation that might be needed to deal with those issues, and if not needed, the money would go to the property. Volume 50 - Page 362 Park Donation Site /3531 Npt B1 (62) City of Newport Beach City Council Minutes November 12, 1996 Peggy Ducey, Assistant to the City Manager, reported that in her discussions today with Jim Thompson, the person coordinating the park donation, it was suggested that once escrow is open an escrow account be established so that • the private donations can actually be deposited into that escrow account, and then the city would be matching funds up to $150,000, but in fact, this might not be that much as the city recently received a donation of $25,000 from the Hoag Foundation. The last action the City Council took was that the site actually has closure by the health care agency on the contamination issue. One of the things that staff is asking for this evening is that the city not require that closure, but instead require that staff pursue a more comprehensive indemnification agreement with Chevron so that the City would be covered for any type of mitigation or future liability costs. Another thing that staff is asking for is authorization to open escrow with the sellers, rather than with Mr. Thompson, as the city will be matching those funds. The third thing staff is asking for is authorization of $150,000 of matching Park In- Lieu Funds until December 4, 1996, but that the date be extended to March 1, 1997. Motion by Council Member Glover to authorize the negotiation of an indemnification agreement with Chevron that relieves the City of all future mitigation and liability costs associated with the toxic contamination of the property; execute an escrow agreement with the sellers that stipulates $100,000 of the total $300,000 purchase price be placed into an escrow account to cover costs associated with development of the contaminated site; and the authorization of $150,000 of Park In -Lieu Reserves be extended to March 1, 1997. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges • Noes: None Abstain: None Absent: None PUBLIC HEARINGS 24. DEVELOPMENT AGREEMENT NO. 6 (THE IRVINE COMPANY, CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT) STATUS REPORT. Patty Temple, Planning Director, proceeded with an update, stating that in the review of Development Agreement No. 6 conducted on October 28, 1996, it was noted there was not complete compliance with the open space dedication requirements as set forth in the CIOSA Agreement. She advised that as indicated in the staff report prepared for tonight's meeting, the dedications required for the Castaways and Newporter North sites have been reserved on the approved tract maps and will be dedicated upon completion of improvements. The Irvine Company (TIC) has committed to provide formal offers of dedication for Newporter Knolls, Bayview Landing, and Newport Village by November 19, 1996 and the dedications for San Diego Creek South, Jamboree and MacArthur and freeway reservation north parcel are not yet required under the terms of the agreement. Because certain offers of dedication required pursuant to the CIOSA Agreement have not yet been received, staff would suggest a slight modification to the agenda action that • the City Council determine substantial compliance with the agreement with the proviso that the staff return this review to the City Council if the offers of dedication are not received by November 19, 1996. In response to Council Member Watt's question, City Attorney Burnham said that the development agreement simply provides that up to four open space sites can be used for affordable housing, subject to agreement between the city Volume 50 - Page 363 INDEX The Irvine Co/ Open Space #6 CIOSA Agm C-2920..(38) City of Newport Beach City Council Minutes November 12, 1996 and TIC, and he doesn't think there would be a requirement for a development agreement, but it would certainly require Council approval and public review at a Council meeting. • Council Member Watt made a motion to form a committee composed of Council Members from districts 3, 5 and 6 to exercise oversight with respect to TIC open space dedications in conjunction with the Parks, Beaches and Recreation Commission Open Space Subcommittee. Discussion ensued, wherein Council Member Watt stated that this would be an ad hoc Council Committee, but she would like to see it formalized during the December Council reorganization process and that it also be held accountable to invite those homeowners associations who abut the property to have some input. City Attorney Burnham advised that there already is an Affordable Housing Task Team chaired currently by Council Member Watt. He said that before the city could approve affordable housing on any of these sites, with the possible exception of Bayview Landing where there is already an affordable housing component submitted by the PC Text, we would need a zone change, and he is concerned that there might be review by the Affordable Housing Task Team Ad Hoc Committee, the Parks, Beaches & Recreations Commission, and then the Planning Commission before it actually got to the Council. Possibly, staff could work with Council Members Watt, Glover and O'Neil before the next meeting to come up with an option that will address all the concerns and serve as a streamline process and one that has adequate public review and participation. Council Member Watt withdrew her original motion. and made a motion to • request that staff work with herself, and Council Members Glover and O'Neil on a Council Ad Hoc committee to bring back at the next meeting a suggestion that streamlines the need to look at both the open spaces and the affordable housing. Hearing no one wishing to come forward to discuss the issue, the public hearing was closed. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Abstain: None Absent: None Motion was made by Council Member Watt to accept the findings subject to the dedication agreement being received by November 19. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: none Abstain: None Absent: None • 25. ORDINANCE NO. 96 -45 DELETING CHAPTER 20.03, REPORT OF RESIDENTIAL BUILDING RECORDS, WHICH WAS RECENTLY MODIFIED AND RECODIFIED AS CHAPTER 15.15 WITHIN TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE. Volume 50 - Page 364 i0 1 ' Ord 96 -45 Residential Bldg Records (68) City of Newport Beach City Council Minutes November 12, 1996 City Manager Murphy advised that this is a clean-up action to delete the old section since the Council has adopted a new one. • Hearing no one wishing to address this issue, the public hearing was closed. Motion was made by Council Member Glover to introduce Ordinance No. 96 -45, and pass to second reading and adoption on November 25, 1996. The motion carried by the following roll call vote: Ayes: Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Abstained: None Absent: O'Neil • Tom Hyans, resident, said that he believes that Council Member Cox tested the Brown Act during the last meeting when he claimed to have been insulted by Dr. Jasper, who suggested there might be something fishy about the city's motivation behind Measure Q. Reading from a prepared statement, he stated that the public is not the curmudgeons, the gadflies and special interest groupies as suggested but they rely on the elected officials to represent their interests, and when they don't do that because of disagreement, etc., then the residents have a right to come before the Council and ask questions. In summary, Mr. Hyans reminded the Council of some of the recent insults the residents have experienced, such as the costly oversights and supervision; the expensive sexual harassment fiasco with the Newport Beach Police Department; the $1.8 million city's Utilities Department embezzlement; followed by the $7.4 million overrun to the $16.3 Ground Water • Project, and the County Bankruptcy. He added he was further insulted by: the toll road surprise at the top of Newport Coast Drive; to learn that the city's cash reserves are in excess of $8 million, down from $18 million, while in fact the discretionary cash in the Stabilization Fund is only slightly over $5.7 million; that we have benefited from privatization when the converse is true; that the city will further immerse itself inextricably in funding equipment and facilities for city - operated refuse collection, while the evidence is that the private sector is cheaper, and because, "If Newport Beach doesn't take the money some other public agency will." Mr. Hyans also questioned the use of the man hours and equipment to input election material into the Web Site when this information was printed in the newspapers, and he seriously doubts the need for this. 26. CANNERY VILLAGE AREA (Request of Council Member Watt). City Manager Murphy said that this problem needs to be addressed in terms of immediate, mid term and long term, but really involves two issues, 1) law enforcement and 2) the long term which involves land use planning and land use regulations. Police Chief McDonell briefly stated that the Police Department spends a great deal of their resources on the Peninsula in general, specifically in the Cannery Village area, and this is reflected in the statistics in the number of arrests percentage -wise compared to the total effected in the Cannery Village. As they • only have a small number of resources, as a result these forces are reallocated from somewhere else in another part of the city and it's a difficult balance. The Police Department spends a lot of time and effort in Cannery Village, and on a recent weekend they used two unmarked vehicles and officers wrote a number of public urination citations, along with issuing citations for other related offenses and arrests for alcohol violations. In addition, they spent a lot Volume 50 - Page 365 INDEX Cannery Village Planning /Police (68/70) City of Newport Beach City Council Minutes November 12, 1996 INDEX of time on fight calls and made a number of arrests and this consumed up to 11 police units at one site to quell that recent disturbance. He agreed that it not just a law enforcement issue, but also a land use and planning issue, and said • that the Police Department is doing their best and will continue to deal with the problems. Mayor Hedges commented that the city is not in the business of cleaning up after businesses which are unable to operate responsibly or control their clientele. He said that he would personally lead the charge to abate the entire area of alcohol serving establishments if those businesses don't start taking an interest in what's going on in the area. He said that it's not just Cannery Village as Newport Pier and Balboa have their problems. He added that it is irresponsible to use general funds and the types of resources expended to the recent event that should not have been allowed to progress to that point. Planning Director Temple advised that as noted by Police Chief McDonell, the Planning Department already has several projects underway which are intended to provide the city additional tools to deal with alcohol related businesses. One of the two larger projects is the Zoning Code update, a major project, which is a complete review by the Planning Commission that will be brought to the City Council January 1997. One component of the revisions is the expansion of the classifications for eating and drinking establishments including bars and cocktail lounges. The new definitions will allow for expanded ability to require a new use permit, or a use permit amendment if the operational characteristics of a business change to the extent that they would no longer be considered a restaurant, or that during a portion of their operational hours they would cease to become a restaurant. Ms. Temple stated that additionally new procedures are proposed to allow for the amortization • and the abatement of nonconforming uses. These provisions, if adopted, will provide the city additional tools to use if an older nonconforming use becomes a problem. The second larger area is the city's alcohol policy planning effort, which some of the Council may have participated in sponsored by Police Chief McDonell several months ago. As a result of this program the staffs of the Planning and Police Department have been developing new regulations for alcoholic beverage outlets which, if adopted, would add a number of new requirements for both on and off sale liquor establishments (when liquor is consumed on premises, such as in a bar or restaurant as well as off sale which is a retail outlet such as a liquor store or super market). Some of the provisions being considered by staff at this time, is the establishment of the requirements for all alcoholic beverage outlets which would be either issued by the Planning Commission or the Planning Director for a standardized set of findings and requirements which would be adopted as part of those use permits and developmental and operational standards. These would include sign limitations, prohibition on loitering, the ability to establish hours of operation, incorporation of preventable design features, making requirements for security and making requirements for training of staff within the establishments. Preventable design features are minimum design standards which can be incorporated into the physical design of a structure to actually prevent crime. It can be as simple as not allowing landscaping to go above a certain area requiring windows to be visible from the streets, things that can reduce the opportunity for loitering in the vicinity of alcohol establishments. Lighting is a big part of what is called crime prevention through design. • Another is the training requirements for persons serving alcoholic beverages in restaurants and bars and actually making that a requirement within a certain period of time when an employee is retained by an establishment. In summary, if problems continue in the Cannery Village area, the city could also consider additional requirements for this area through the Specific Plan itself, and these could be locational restrictions or concentration limits in that area. Volume 50 - Page 366 City of Newport Beach City Council Minutes November 12, 1996 •I 1ep 1) e►:1 Mamie Van Doren thanked the Council for responding to their cry for help by having staff gather the information contained in the report which you are now considering. She said that she would like to encourage the Council to adopt • the suggestions contained in the report as a start for bringing the current untenable situation in Cannery Village under control. The added Police presence in the Village since the Council directed the staff study has had an effect, but only a small one, as there have been recent incidents to disturb the health and welfare of the residents. She emphasized that with the holiday drinking season approaching she would like to encourage the Council to adopt the following suggestions in addition to the items contained in the staff report: 1) direct the Police Department to conduct sobriety checkpoints on Newport Boulevard throughout the holidays; 2) place signage in prominent places in Cannery Village outside the drinking establishments and at the entrances of alleys and parking lots citing the appropriate codes prohibiting public drunkenness, public urination and excessive noise and warning that offenders will be arrested; and 3) go on record that Cannery Village has reached the saturation point with bars and nightclubs and that no more will be allowed. She added that long -term items 1 and 2 in the staff report should be moved up into the immediate category. She referred to the saloon keepers who put heavy emphasis on cooperation by residents, implying that it is the residents' responsibility of putting up with them and the nuisances that their businesses cause. She put the Chamber of Commerce Task Force on notice that the residents of Cannery Village have cooperated for a long time, putting up with violence, noise, public drunkenness, public urination and countless number of indignities, and further, that if the business establishments do not act responsibly, and the city cannot point them to act responsibly, then the residents of Cannery Village and the Mothers Against Drunk Driving will picket them and ensure that they receive the publicity they deserve. She • added that if nothing else works, perhaps they can be shamed into being responsible. Steve Stafford stated that the City of Anaheim has an ordinance that requires that restaurants pay for police services if they have to respond more than two times in one evening. He believes that the Cities of Redlands and Fullerton have a similar ordinance, and feels that the City of Newport Beach should adopt such an ordinance, and assess the bars and restaurants for police services. Judy Dutton, 1142 Pembroke Lane, Secretary- Treasurer, Mothers Against Drunk Driving for the Orange County Chapter, stated that their organization has some good programs going on in the Cities of Irvine, Anaheim, and Orange where designated driver programs are made available with the assistance of the restaurants and she offered their services to the Task Force. Laith Ezzet, 28th Street Marina, and a Board Member of the 28th Street Homeowners Association, stated that they really appreciate the efforts that the city has made to take on this issue, because as residents, they have reached the breaking point. He said that they have written to and met with the owners of the local businesses, who promised reforms but they still suffer with continuous problems, and the fact is that the owners are not there at 1 a.m., or 2 a.m. Either they don't know or are unable to change what is going on. He has personally witnessed violations such as pulling false fire alarms, releasing • their water release valve flooding their garage and vandalized all the parking signs. By statistics, he stated that there are only five or ten establishments that will cause 95% of the problem, and he feels that the city should focus on those establishments. He also offered their associations help to participate in the Task Force. Volume 50 - Page 367 City of Newport Beach City Council Minutes November 12, 1996 INDEX Gary Deperine, 2600 Newport Boulevard and resident of 28th Street Marina, said that he was one of people who took a camera out and shot the pictures that some of the Council have seen, and invited everyone to view the original • five hours of tape that he has, but only by being there could you be aware of the impact of the nightmare that those residents along the alleyway between 30th and 31st street experience. There is a highway of hell between Malarkey's and the Cannery and Snug Harbor that is just so intense that it is revolting. He feels that the law enforcement agencies are doing a good job, but they are never going to be where they are needed, as the problem occurs with lightning speed. He emphasized that the Council not allow any more rowdy bars as they are catering to traffic such as the youth, filling them up with alcohol and making a lot of money during the hours of 10:30 p.m. and 2 a.m, In retrospect, he said there are a lot of great commercial establishments and restaurants here, but he has not seen them break bottles and urinate in his yard, they serve good food and good beverage, but the lower area down the Peninsula is the problem where hundreds of youths rove around intimidating the public and he feels that nobody over the age of 30 is safe on those streets. He suggested that the city strictly enforce the existing regulations, encourage some lighting and security, impose strict parking regulations, and limit those types of businesses to some reasonable hours for alcohol consumption. Rose Parvin, 412 31st Street, said that the residents deserve a peaceful life and there must be some rules, regulations and a code of ethical conduct enforced by the city so families and local businesses can prosper and become free from feeling victimized. She feels that big business is prioritized over the health and safety of the residents in Newport Beach by high profile, money making businesses and the alcohol industry. She said that she knows Mayor Hedges is trying to do a good job here, but there are some sitting Council • Members though who should be on the paylist of the big businesses. She referred to the letter she submitted at a previous Council meeting, wherein she offered suggestions that there should be no more licenses for alcoholic businesses in the area and the that the businesses must be held responsible for their noise level and traffic, not only inside the bars but also in the parking lots and on the street. Some of the restrictions should include that they close no later than midnight, stop serving alcohol at 10 p.m., have walls around their parking lots and supervise those people not in control of their behavior by escorting them to their cars. She referred to a hearing for another license to be issued for what she would describe as a very high powered bar. She also stated that she was disappointed that the Police Department withdrew their protest for licensing of this upcoming alcohol license in spite of the current situation, and feels that it is very irresponsible of the Police Department to ignore what goes on when they are the enforcing body. Mayor Hedges made a motion to adopt the recommendations contained in the staff report; to include the suggestions made by Council Member Glover to move to the immediate steps the items under long term steps, also to include the comments made by the City Council this evening; and with respect to Cannery Village Specific Plan as mentioned to include McFadden Square and the Balboa Specific Area Plan. He would also like to add that what they are dealing with here is really a piece of the puzzle with respect to the entire Peninsula. This is a planning issue, • and a long term issue and something that the city can take care of very quickly in the short term and if this motion is successful, he would expect that the steps be implemented in the quickest manner possible and in the strongest possible terms. The motion carried by the following roll call vote: Volume 50 - Page 368 City of Newport Beach City Council Minutes November 12, 1996 1101) Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Abstain: None • Absent: None 27. COMMUTING VEHICLES (Requested by Mayor John Hedges) [contd. Commuting Vehicles from 9/23/96 & 10/28/96]. Budget /Fleet Mntnc & Proc Arroyo Assoc City Manager Murphy requested direction to implement an Administrative C -3041 (38 & 40) Policy with regard to commuting vehicles. Mayor Hedges made a motion to direct the City Manager to implement an Administrative Policy reducing the number of city vehicles utilized for commuting purposes to on-call emergency personnel and key executive management staff; and to meet and confer with employee associations and key and management personnel as necessary to implement the policy. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Abstain: None Absent: None CURRENT BUSINESS 28. APPOINTMENT OF A CITY COUNCIL REPRESENTATIVE BY THE Cncl Ad -Hoc MAYOR TO THE FORD LAND AFFORDABLE HOUSING TASK TEAM. Ford Land Afrdbl • Housing Task Frc Mayor Hedges made a motion to appoint Council Member O'Neil to succeed (24) Council Member Watt as the City Council Representative on the Ford Land Affordable Housing Task Team. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Abstain: None Absent: None 29. APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL Orange County DISTRICT BOARD OF TRUSTEES. Vector Control Jt. Govt Cute Council Member Glover said that it would be inappropriate to confirm an (54) appointment to the subject Joint Governmental Committee considering the upcoming Council reorganization. Mayor Hedges made a motion to defer the appointment of a City Council Member to represent the City of Newport Beach on the Orange County Vector Control District Board of Trustees to December 9. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None • Abstain: None Absent: None 30. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. Planning Commission Mayor Hedges made a motion to declare the vacancy on the Planning (24) Commission due to the election of Tom Thomson to the City Council; and to Volume 50 - Page 369 • • • City of Newport Beach City Council Minutes November 12, 1996 appoint Norma Glover, Jan Debay and Tom Edwards to the Ad -Hoc Appointments Committee and directed the City Clerk to post and publish a Special Vacancy Notice to Ad -Hoc Appointments Committee requesting that applications be submitted by 4:00 p.m. on Thursday, December 5, 1996, and schedule the submission of the nominations to the City Council on January 13, 1997 with the final appointment to be made on January 27, 1997. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt, Mayor Hedges Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION - None City Manager Murphy called attention to the fact that the Orange County Registrar will not guarantee final election results until 5 p.m., November 26, and that there needs to be a date set for the swearing -in ceremony for the new Council Members, wherein it was decided that this be scheduled for the agenda of the next regular Council Meeting on November 25, 1996. ADJOURNMENT - 10:20 p.m. seeeasaaa�ef,as,re +s *er• The agenda for the Regular meeting of November 12, 1996 was posted on November 6, 1996 at 3:16 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Mayor Volume 50 - Page 370 INDEX